Emerson v. St. Louis & Hannibal Railway Co.
Supreme Court of Missouri
Appeal from Pike Circuit Cowrt. — Hon. E. M. Hughes, Judge. (1) The fifth count of the petition does not state facts sufficient to constitute a cause of action, and the motion in arrest of judgment should have been sustained. First. It is not alleged in said fifth count that the act done was contrary to the provision of any statutes of the state. Revised Statutes, sec. 3550. Second.
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Appeal from Pike Circuit Cowrt. — Hon. E. M. Hughes, Judge. (1) The fifth count of the petition does not state facts sufficient to constitute a cause of action, and the motion in arrest of judgment should have been sustained. First. It is not alleged in said fifth count that the act done was contrary to the provision of any statutes of the state. Revised Statutes, sec. 3550. Second. In actions, purely penal and not remedial, or both penal and remedial, founded upon a statute, reference must be made to the statute. Shaw v. Tobias, 3 N. T. 188. Such strictness might not be necessary in actions…
1Opinion of the CourtGantt, P. J.
This cause is certified to this court by the St. Louis court of appeals because the defendant challenges the constitutionality of sections 2598, 2599 and 2600, Revised Statutes, 1889. Laws of 1881, p. 83, and Laws of 1885, p. 91.
The action was commenced in the circuit court of Pike county, at the March term, 1888. There were six counts in the petition, but as the finding was for plaintiff only on the fifth count it is unnecessary to incumber this record with the others.
The petition is as follows: “Plaintiff states that defendant is a corporation duly organized and existing under and by virtue…
2Cases cited3 opinions
- State ex rel. Lionberger v. TolleSupreme Court of Missouri · 1880
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Reynolds v. Chicago & Alton RailroadSupreme Court of Missouri · 1884
3Cited by7 opinions
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Jones v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1939
- Landa v. Holck & Co.Supreme Court of Missouri · 1895
- Hutcherson v. ThompsonSupreme Court of Missouri · 1938
- Greenberg v. Union Nat'l BankNorth Dakota Supreme Court · 1896
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